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Original Articles

Latest developments in pollution exclusion decisions

Pages 5-23 | Published online: 09 Jan 2009
 

Abstract

Businesses and individuals continue to be confronted by pollution claims and lawsuits brought by government agencies and neighboring property owners. In turn, insurance companies are asked to defend and indemnify policyholders named in these pollution claims and suits. However, policyholders’ insurance policies often contain pollution exclusions that preclude coverage for all pollution‐related claims except those that are the result of a “sudden and accidental”; discharge. This coverage exception has proven to be one of the most litigated in insurance coverage disputes. This article discusses several issues that policyholders and their insurance carriers continue to litigate regarding the application of this exception to various types of pollution claims.

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